29 C.F.R. § 1630.2

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(ii) defines “substantially limits” as significantly restricting the condition, manner, or duration in which an individual can perform a particular major life activity compared with an average person in the general population.

Canon v. Clark · filed 1995-04-25(j)(ii)

The ADA definition of disability includes “a physical or mental impairment that substantially limits one or more of the major life activities of an individual.” 42 U.S.C. § 12102(2). EEOC regulations further clarify the terms contained therein. “Substantially limits” means “[significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which an average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(ii) (1994).

Law changed since The ADAAA and 2011 EEOC revision allow a short-term or episodic impairment to qualify under the actual-disability or record-of prong when it substantially limits a major life activity; permanent or long-term effects are not required.

Section 1630.2(j) generally treats an impairment as substantially limiting a major life activity only when it has severity, significant duration, or permanence; temporary, non-chronic impairments with little or no long-term or permanent impact usually do not qualify.

Sutton v. New Mexico Department of Children, Youth & Families · filed 1996-03-08(j)

Thus, temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities within the contemplation of the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

A substantial limitation requires a significant restriction in the condition, manner, or duration of performing a major life activity compared with the average person; inability to perform heavy lifting or one particular job alone is insufficient.

Ray v. Glidden Company · filed 1996-06-14(j)(1)(ii)

As a result, applying the 29 C.F.R. § 1630.2(j) definition of "substantially limited", he opined that Ray "was significantly restricted as to the condition, manner and duration under which he could perform manual tasks such as lifting and reaching as compared to the condition, manner or duration under which the average person in the general population could perform those same manual tasks". ... But, Ray can lift and reach as long as he avoids heavy lifting. Dutcher makes clear that inability to perform that discrete task does not render a person substantially limited in a major life activity.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment. The ADAAA and 2011 EEOC revision removed the requirement that an employer perceive a substantial limitation of a major life activity; an ADA-prohibited action because of an actual or perceived impairment generally suffices, subject to the transitory-and-minor exception.

Section 1630.2 identifies major life activities, excludes inability to perform a single particular job from substantial limitation in working, requires consideration of the impairment’s nature, duration, and long-term impact, and treats an impairment as “regarded as” disabling when a covered entity treats it as substantially limiting.

Aucutt v. Six Flags, etc. · filed 1996-06-05(i), (j)(2), (j)(3)(i), (l)(1)

As defined in 29 C.F.R. § 1630.2(i), the phrase “major life activities” means “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing learning, and working.” ... The regulations further provide that “[t]he inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3)(i). ... Finally, the EEOC regulations state that the following factors should be considered in determining whether an individual is substantially limited in a major life activity: (i) the nature and severity of the impairment, (ii) its duration or expected duration, and (iii) its actual or expected long-term impact. 29 C.F.R. § 1630.2(j)(2). ... Aucutt has not brought forth any evidence suggesting that Six Flags perceived or treated him as having a substantially limiting impairment. ... In the absence of such evidence, the fact that Six Flags was aware of his medical problems is insufficient to establish that Six Flags “regarded” him as disabled under 42 U.S.C. § 12102(2).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation defines major life activities to include working and requires a significant restriction in the ability to perform a class or broad range of jobs, because inability to perform one particular job alone is not a substantial limitation.

Howard v. North Mississippi Medical Center · filed 1996-09-05(i), (j)(3)(i)

“Major life activities” is defined as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 29 C.F.R. § 1630.2(i). ... With regard to whether an individual is substantially limited in the major life activity of working, the individual must be significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. 29 C.F.R. § 1630.2(j)(3)(i). The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.

Law changed since Same change as noted above.

The regulation identifies seeing and working as major life activities, defines substantial limitation by inability or significant restriction, defines essential functions as fundamental job duties, and lists the factors used to determine which duties are essential.

Miller v. Dept. of Corrections of State of Illinois · filed 1996-03-01(i), (j)(1), (n)(1), (n)(3)

Such activities include functions such as walking, seeing, hearing, speaking, breathing, learning, and working. ... An individual is “substantially limited” in a “major life activity” if he cannot perform the activity or is “significantly restricted” as to the condition, manner, or duration under which he can perform the activity as compared to the average person in the general population. ... The “essential functions” are the “fundamental job duties of the employment position” in question. ... (1) the employer’s judgment as to which functions are essential; ... (2) written job descriptions; ... (3) the amount of time spent on the job performing the function; ... (4) the consequences of not requiring the individual to perform the function; ... (5) the terms of a collective bargaining agreement; and ... (6) the work experience of past incumbents in the job and/or the work experience of current incumbents in similar jobs.

Law changed since The ADAAA and 2011 EEOC revision removed the requirement that an employer perceive a substantial limitation of a major life activity; an ADA-prohibited action because of an actual or perceived impairment generally suffices, subject to the transitory-and-minor exception.

The regulation measures substantial limitation by the effect on major life activities, including work, and requires more than inability to perform one particular job; a record-of-impairment claimant must show a history or misclassification of an impairment substantially limiting a major life activity, while a regarded-as claimant must show the perceived impairment substantially limits a major life activity.

Mastio v. Wausau Service Corp. · filed 1996-10-15(i), (j)(2), (j)(3)(ii), (k), (l)

The regulations define "major life activities" as "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working," which, if substantially limited by an impairment, would qualify a person as disabled within the meaning of the ADA. 29 C.F.R. § 1630.2(i). ... To determine whether a person is substantially limited in a major life activity, the court must consider (1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its actual or expected long-term impact. 29 C.F.R. § 1630.2(j)(2). ... When determining whether the impairment substantially limits the person's life activity of work, three additional factors are relevant: (1) the number and type of jobs from which the impaired person is disqualified, (2) the geographical area to which the individual has reasonable access, and (3) the person's job expectations and training. 29 C.F.R. § 1630.2(j)(3)(ii); Welsh v. City of Tulsa, 977 F.2d 1415, 1419 (10th Cir.1992). ... Under the second definition of disability, the supporting regulations define "a record of such impairment" as "a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities." 29 C.F.R. § 1630.2(k). ... The court concludes that this is insufficient, as a matter of law, to constitute a record of impairment that substantially limited a major life activity. ... Under the third definition of disability, "being regarded as having such an impairment," the supporting regulations define the phrase as follows: (1) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation; (2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (3) Has none of the impairments defined in paragraph (h)(1) or (2) of this section but is treated by a covered entity as having a substantially limiting impairment. 29 C.F.R. § 1630.2(1). ... An employer does not regard an employee as disabled simply by finding the employee incapable of satisfying the singular demands of a particular job. Byrne, 979 F.2d at 567; Welsh, 977 F.2d at 1419; Maulding, 961 F.2d at 698. The proper test is whether the impairment, as perceived, would affect the individual's ability to find work across the spectrum of same or similar jobs. Marschand, 876 F.Supp. at 1541.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(1) treats a person as substantially limited only when a major life activity cannot be performed like the average person or is significantly restricted in condition, manner, or duration compared with the average person.

Robinson v. Global Marine Drilling Co. · filed 1996-11-26(j)(1)

Several instances of shortness of breath when climbing stairs do not rise to the level of substantially limiting the major life activity of breathing. ... Robison is not disabled. He does have asbestosis, but that impairment does not substantially limit his major life activity of breathing.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 identifies working and other activities as major life activities and defines substantial limitation by comparison with the average person, considering the impairment's severity, duration, and long-term impact; for working, the limitation must significantly restrict a class or broad range of jobs rather than a single job.

Williams v. Channel Master Satellite Systems, Inc. · filed 1996-11-27(i), (j)(1)(ii), (j)(2), (j)(3)

The ADA regulations and EEOC interpretive guidelines list a number of major life activities. See 29 C.F.R. § 1630.2(i) (1996) (caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); 29 C.F.R. Pt. 1630, App. § 1630.2(i) (1996) (above activities plus sitting, standing, lifting and reaching). ... In fact, working is a major life activity, see Gupton v. Virginia, 14 F.3d 203, 205 (4th Cir. 1994) (Rehabilitation Act); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 724-27 (5th Cir. 1995), and the general foreclosure test applies only to claims brought under the major life activity of working. See Gupton , 14 F.3d at 205 (applying general foreclosure test only to the major life activity of working); 29 C.F.R. § 1630.2(j)(3) ("With respect to the major life activity of working, the term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes . . . .") (emphasis in original). ... To determine if an employee is disabled under the ADA, a court must evaluate not just whether an employee is restricted but whether she is "[s]ignificantly restricted" in performing a major life activity "as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity." 29 C.F.R. § 1630.2(j)(1)(ii). A court may also consider the "nature and severity of the impairment," its "duration or expected duration" and any "permanent or long term impact." 29 C.F.R. § 1630.2(j)(2). Moreover, when the major life activity at issue is working, the "inability to perform a single, particular job does not constitute a substantial limitation;" in this circumstance "substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes . . . ." 29 C.F.R. § 1630.2(j)(3) (emphasis omitted).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(j) treats an impairment as substantially limiting when it makes a person unable to perform a major life activity or significantly restricts the condition, manner, or duration of performing it; § 1630.2(i) lists breathing and working as major life activities.

Geuss v. Pfizer, Inc. · filed 1996-12-17(j), (i)

[A]n individual is substantially limited in a major life activity if he is ‘[u]nable to perform a major life activity that the average person in the general population can perform’ or is ‘[s]ignificantly restricted as to the condition, manner or duration under which [he] can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.’ ” ... “Major life activities include breathing and working. 29 C.F.R. § 1630.2(i).” ... “The issue of whether Geuss is substantially limited in the major life activity of breathing is admittedly a close one. However, the evidence in the record is sufficient to show that Geuss’ ability to breathe is significantly restricted in condition, manner, and duration in comparison to the average person in the population. Thus, this court will not reject the jury’s specific finding that Geuss’ asthmatic condition substantially limits his ability to breathe.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulation identifies major life activities and requires considering the impairment’s nature, duration, and long-term impact; for working, substantial limitation requires inability to perform a class or broad range of jobs, not merely one particular job.

Ross v. GTE Directories Corp. · filed 1999-10-20(i), (j), (j)(2), (j)(8)

The ADA defines the major life activities as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i) (1998). ... After weighing all three factors together, the Court concludes that the Plaintiffs voice impairment does not substantially limit his major life activity of speaking. ... Plaintiff is not prevented from working in a “class of jobs,” such as an environment that exhibits noise, but is rather only restricted from working in “particular jobs” that require him to raise his voice to communicate. Therefore, Plaintiffs inability to perform the particular job of press helper is not a substantial limitation on the major life activity of working.

Law changed since Same change as noted above.

Section 1630.2(j)(1) defines substantial limitation by comparing an individual's ability to perform a major life activity with that of the average person, and § 1630.2(j)(2) directs courts to consider the impairment's nature, severity, duration, and long-term impact.

Moroney v. United Parcel Service, Inc. · filed 1999-10-14(j)(1) (j)(2)

An impairment substantially limits a major life activity if the individual is unable to perform the major life activity, or is significantly restricted in the ability to perform the major life activity, as compared to the average person in the general population. ... Whether an individual is substantially limited in a major life activity depends on the nature and severity of the impairment, its expected duration, and its expected permanent or long-term impact.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 defines major life activities to include manual tasks, walking, and working, and requires a significant restriction compared with the average person; for working, the limitation must affect a class or broad range of jobs rather than merely one particular job.

Puoci v. City of Chicago · filed 2000-01-14(f), (j), (j)(3)(i)

“Major life activities” are “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(f). ... The ADA regulations state that “substantially limits” means that which renders the individual “significantly restricted” in performing an activity as compared to the average person. 29 C.F.R. § 1630.2(j). As such, we find that no rational jury could find Puoei substantially limited in the major life activity of performing manual tasks. ... Puoei must show that he is “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities” to be “substantially limited” in the life activity of working. 29 C.F.R. § 1630.2(j)(3)(i). An inability to perform a particular job for a particular employer is insufficient to establish a disability; an impairment must substantially limit employment generally.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(1)(ii) treats an impairment as substantially limiting when it significantly restricts the condition, manner, or duration of a major life activity compared with the average person.

Cole v. Uni-Marts, Inc. · filed 2000-02-16(j)(1)(ii)

Plaintiffs medical records contain no indication that she was, at any time, “[s]ig-nificantly restricted as to the condition, manner or duration” under which she could breathe, see and/or think, “as compared to the condition, manner or duration under which the average person in the general population can perform [those] same major life activities].” 29 C.F.R. § 1630.2(j)(l)(ii). Instead, the evidence demonstrates that plaintiff suffered from a relatively mild case of sinusitis of limited duration, which was alleviated by surgery and which therefore cannot be expected to have any substantial permanent or long-term impact.

Law changed since Same change as noted above.

Section 1630.2(j)(1) treats a person as substantially limited when unable to perform a major life activity that the average person can perform or significantly restricted in the time, place, condition, duration, or manner of performing it.

Webster v. Texas Engineering · filed 1999-12-14(j)(1)

A person is “substantially limited” if they are unable to perform a major life activity that can be performed by the average person in the general population or they are significantly restricted as to the time, place, condition, duration, or manner under which they can perform the activity. See 29 C.F.R. § 1630.2(j)(1).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Under § 1630.2(j), an impairment substantially limits a major life activity when it leaves a person unable to perform it as the average person can or significantly restricts the condition, manner, or duration of performance; for working, inability to perform one particular job is insufficient, and duration and impact matter.

Rebarchek v. Farmers Cooperative · filed 2000-01-07(j)(1) (j)(3)(i) (j)(2)

(i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... [t]he term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.

Law changed since Same change as noted above.

The regulation defines substantial limitation by inability or significant restriction in performing a major life activity, and for working requires restriction in a class or broad range of jobs rather than inability to perform one particular job.

Ditullio v. Village of Massena · filed 2000-01-26(j)(1)(i), (j)(1)(ii), (j)(2), (j)(3)(i), (j)(3)(ii)

Plaintiff does not qualify under the definition set forth at 29 C.F.R. § 1630.2(j)(l)(i) because he is able to perform the major life activities that the average person in the general population can perform.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats caring for oneself, walking, speaking, and working as major life activities and requires the nature, severity, duration, and long-term impact of an impairment to be assessed when deciding whether it substantially limits one of them.

McIntosh v. Stanley-Bostitch, Inc. · filed 2000-01-26(i), (j)(3)(i), (j)(2), and (l)

To determine if a major life activity is substantially limited, courts should look to “(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2). Short-term or temporary restrictions are not substantially limiting.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

A person is substantially limited in a major life activity when unable to perform it as the average person can or significantly restricted in the condition, manner, or duration of performing it compared with the average person.

Smoke v. Wal-Mart Stores · filed 2000-02-17(j)(1)

One is substantially limited in performing a major life activity when he is (i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. 29 C.F.R. § 1630.2(j)(1).

Law changed since Same change as noted above.

An impairment is substantially limiting when a person cannot perform a major life activity or is significantly restricted in its condition, manner, or duration compared with an average person.

Moreno v. Grand Victoria Casino · filed 2000-03-03(j)(1)(ii)

Such activities are considered “substantially limited” when the person at issue is either unable to perform the activity or is significantly restricted as to the condition, manner or duration for which he can perform these acts, when compared to an average person.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j)(2) directs courts assessing whether an impairment substantially limits a major life activity to consider its nature and severity, duration, and permanent or long-term impact.

Demarah v. Texaco Group, Inc. · filed 2000-03-23(j)(2)

In determining whether an ADA plaintiff is substantially limited in a major life activity, courts consider: “(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” ... This evidence suffices to create a material issue of disputed fact as to whether DeMarah was substantially limited in the life activities of working, walking and caring for herself at the time of the alleged discriminatory conduct for a period of sufficient duration so as to be considered “disabled” under the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(j) requires a person to be significantly restricted in a major life activity compared with the average person; when working is the activity, limitation of one particular job alone is insufficient, and the restriction must affect a class or broad range of jobs.

Fitch v. Solipsys Corp. · filed 2000-04-06(j)(1)(ii), (j)(3)

To establish that one is disabled, one must show that one is “significantly restricted” in performing a major life activity “as compared, to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(1)(ii). Moreover, when the major life activity at issue is working, the “inability to perform a single, particular job does not constitute a substantial limitation;” in this circumstance “substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs of various classes.... ” 29 C.F.R. § 1630.2(J)(3).

Law changed since The ADAAA and 2011 EEOC revision require the disability inquiry to disregard the ameliorative effects of mitigating measures, except ordinary eyeglasses or contact lenses.

(j)(2) requires assessing whether an impairment substantially limits a major life activity by comparing the person's ability with that of the average person in the general population and considering the listed factors and any mitigating or corrective measures.

Martinez v. Pacificorp · filed 2000-04-28(j)(2)

Assuming without deciding that CFS is an impairment that substantially limits her major life activity of sleeping, Ms. Martinez next had to show that CFS significantly restricted “her ability to sleep as compared to the average person in the general population, taking into consideration the three factors [listed in 29 C.F.R. § 1630.2(j)(2)] and any mitigating or corrective measures.” Pack , 166 F.3d at 1306 . Our review of the record present to us does not show that Ms. Martinez made this showing.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulations define physical impairment, substantially limits, and major life activities, and require substantial limitation to be assessed case by case using the impairment’s nature, duration, and long-term impact.

White v. Orange Auto Center · filed 2000-06-05(h), (i), (j)

The EEOC’s regulations, among other things, define “physical impairment” to mean “[a]ny physiological disorder ... affecting ... special sense organs.” ... Similarly, EEOC regulations define “substantially limits” to mean “[u]nable to perform a major life activity that the average person in the general population can perform.” ... Finally, the regulations define “major life activities” to mean functions such as “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 treats basic activities such as walking and working as major life activities, and an impairment substantially limits working only when it significantly restricts work across a class or broad range of jobs, not merely one particular job.

Garcia, Roel v. Allen, William Stuart, Hector Mario Garcia, and Hoechst Celanese Corp. · filed 2000-06-08(i), (j)(3)(i)

Crawling, squatting, climbing ladders and kneeling are not the same type of "major life activities" as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. ... When the activity is "working," the individual's impairment substantially limits the activity when the impairment severely restricts or forecloses his ability to work in general. 29 C.F.R. § 1630.2(j)(3)(i); Redmon , 745 S.W.2d at 318; Azubuike , 970 S.W.2d at 63-64; Chandler v. City of Dallas , 2 F.3d 1385, 1391-93 (5th Cir. 1993), cert. denied 511 U.S. 1011, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994). In other words, it is not enough that the employee asserting a disability cannot perform a single or particular job or a narrow range of jobs.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

The regulation treats sitting and seeing as major life activities and defines substantial limitation by inability or significant restriction compared with the average person; allegations of diabetes causing blurred vision and sitting-related numbness and swelling were sufficient to plead an actual disability.

Medlock v. City of St. Charles · filed 2000-03-24(i), (j)(1)

The Eighth Circuit has interpreted what constitutes a major life activity as follows: "`Major life activities' include `functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.' Sitting, standing, lifting, and reaching are also considered major life activities." Weber, 186 F.3d at 912-13 (quoting 29 C.F.R. § 1630.2(i)). Weber defined "substantially limiting" as: (i) Unable to perform a major life activity that the average person in the general populations can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity. Id. at 913 (quoting 29 C.F.R. § 1630.2(j)(1)). Among the major life activities mentioned in the Weber case are sitting and seeing. ... The Court concludes that plaintiff has adequately stated an actual disability claim under Rule 12(b)(6). She has alleged that her diabetes mellitus substantially limits the major life activities of sitting and seeing. While she did not allege specific facts explaining exactly how these activities are substantially limited, the Court concludes that her allegations, that her fatigue causes blurred vision, and that she experiences numbness and swelling if she sits for a long period of time, are sufficient to state a claim under the "liberal system of `notice pleading' set up by the Federal Rules," Kohl, 5 F.3d at 1148 (quoting Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993)).

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(f) identifies breathing as a major life activity, while § 1630.2(j)(1)–(2) define substantial limitation by comparison to the average person and the impairment’s nature, duration, and long-term impact.

Davis v. Utah State Tax Commission · filed 2000-05-08(f), (j)(1), (j)(2)

Specifically, a jury could reasonably determine that Davis is “significantly restricted as to the condition, manner or duration under which she can [... breathe] as compared to the condition, manner, or duration under which the average person in the general population can [... breathe].”

Law changed since Same change as noted above.

An impairment qualifies as a disability only when it substantially limits a major life activity, evaluated by the impairment’s nature, severity, duration, and long-term impact; the court held that the plaintiff’s temporary leg injury and resulting limitations did not meet that standard.

Johnson v. City of Mason · filed 2000-04-04(h)(1), (i), (j)(2)

Applying these definitions to the case at bar, the Court finds that, Plaintiffs right leg injury and resulting limitations do not constitute a disability within the meaning of the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

For substantial limitation in working, the regulation requires a significant restriction in a class or broad range of jobs, and the inquiry considers the impairment’s nature, severity, duration, and long-term impact.

Greene v. United Parcel Service, Inc. · filed 2000-09-11(j)(1)(i), (j)(2), (j)(3)(i)

Plaintiff has not met his burden of producing evidence that addresses the factors listed in the regulations or that otherwise suggests that his impairments substantially limit his ability to work. Although Plaintiff is disqualified from jobs that require lifting over twenty pounds, he has not shown that he is significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation identifies major life activities and explains that a substantial limitation means a significant restriction, not merely inability to perform one particular job.

Croley v. Republican National Committee · filed 2000-09-21(i), (j)(3)(i)

Dr. Williams does not articulate how Mr. Croley’s PTSD has “substantially limited” his ability to perform such “major life” activities “as caring for [himjself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). Indeed, Dr. Williams’ affidavit does not discuss any major life function, within the meaning of the federal regulations. ... Substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity.... 29 C.F.R. § 1630.2(j)(3)(i).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(1)(ii) treats a person as substantially limited when significantly restricted in the condition, manner, or duration of performing manual tasks compared with the average person in the general population.

Williams v. Toyota Motor Manufacturing, Kentucky, Inc. · filed 2000-07-10(j)(1)(ii)

Moreover, we believe Williams's impairment is more severe than the McKay plaintiff's, rendering Williams "[s]ignificantly restricted as to the condition, manner or duration under which [she] can perform [manual tasks] as compared to the condition, manner, or duration under which the average person in the general population can perform [them]." 29 C.F.R. § 1630.2(j)(1)(ii).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j) defines a substantial limitation by inability or significant restriction in a major life activity and directs consideration of the impairment’s nature, severity, duration, and long-term impact.

Pace v. Paris Maintenance Co. · filed 2000-07-12(j)

Still, this evidence is not sufficient to demonstrate that Galea perceived Pace’s impairment to be substantially limiting. ... It would be entirely speculative to infer from such evidence that Galea considered Pace’s ability to remember to be substantially limited.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 identifies major life activities such as breathing and working and treats a substantial limitation as a significant restriction, assessed for work by comparison with similar jobs and for any activity by considering the impairment’s nature, duration, and long-term impact.

Schapiro v. New York City Department of Health · filed 2001-01-10(i), (j)(1), (j)(2)(i)-(iii), (j)(3)

According to EEOC regulations, “major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” 29 C.F.R. § 1630.2(i); ... A substantial limitation exists if the impairment’s effects leave a plaintiff significantly restricted as to the condition, manner or duration under which the individual can perform the activity as compared to most people. In the particular context of assessing limitations to the major life activity of working, the comparison is to people of common training, knowledge, skills and abilities in jobs involving similar skills in the geographic location. ... To the extent that Schapiro’s case is based on a claim that he is substantially limited in the major life activity of “working,” the Court finds that he has failed to establish a prima facie case as to that claim. ... Because Schapiro thus was not substantially limited in his ability to perform in a broad class of jobs, rather than his own particular one, he cannot establish that he was disabled under the ADA with respect to his ability to work.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an impairment as substantially limiting when it prevents or significantly restricts a major life activity compared with the general population, considering the impairment’s severity, duration, and long-term impact.

Chanda v. Engelhard/icc, F.K.A. Ciba-Geigy Corp. · filed 2000-12-14(j)(1)(i), (j)(1)(ii), (j)(2), and (l)

The regulations define “substantially limits” as rendering an individual “[ujnable to perform a major life activity that the average person in the general population can perform” or “[significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.”

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j) measures whether an impairment substantially limits a major life activity against the average person in the general population, and § 1630.2(j)(1) requires a significant restriction in the condition, manner, or duration of that activity.

Contreras v. Suncast Corporation, an Illinois Corporation, Thomas Tisbo, John Baunach, Randall Guillotte, and · filed 2001-01-03(j)(1)

As it has been defined, “substantially limits” means that the person is either unable to perform a major life function, or is significantly restricted in the duration, manner, or condition under which the individual can perform a particular major life activity, as compared to the average person in the general population. ... Contreras has not presented evidence that even hints at the notion that he is precluded from a broad class of jobs.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(j) defines substantial limitation by comparison with the average person's ability to perform a major life activity, and § 1630.2(j)(3)(i) applies that standard to working by asking whether the person is significantly restricted from a class or broad range of jobs.

Volitis v. Merck & Co., Inc. · filed 2001-01-22(j), (j)(3)(i)(1998)

The EEOC regulations provide that an individual is substantially limited in a major life activity if he is “unable to perform a major life activity that the average person in the general -population can perform” or is “significantly restricted as to the condition, manner or duration under which [he] can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j).

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulation defines “substantially limits” by comparison to the average person and directs courts to consider the impairment’s severity, duration, and long-term impact, with work evaluated by restriction from a class or broad range of jobs.

Wicks v. Riley County Board of County Commissioners · filed 2000-11-30(j)(1), (j)(2), (j)(3)(i), and (j)(3)(ii)

The Equal Employment Opportunity Commission’s (“EEOC”) regulations implementing the ADA define the term “substantially limits” to mean: ... (i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform .that same major life activity. ... The regulations recommend that the following factors be considered in determining whether an individual is substantially limited in a major life activity: “(i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and (iii) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j) treats an impairment as substantially limiting a major life activity when it significantly restricts the condition, manner, or duration of performance compared with the average person; taking inordinately more time can qualify.

Humphrey v. Memorial Hospitals Association · filed 2001-02-13(j)

An impairment “substantially limits” one’s ability to carry out a major life activity if, because of the impairment, the individual is “[significantly restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j). An individual who has a physical or mental impairment that causes him to take inordinately more time than others to complete a major life activity is substantially limited as to that activity under the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment. The ADAAA and 2011 EEOC revision require the disability inquiry to disregard the ameliorative effects of mitigating measures, except ordinary eyeglasses or contact lenses.

Section 1630.2 treats an impairment as substantially limiting when it significantly restricts a major life activity, considers the impairment’s severity, duration, long-term impact, and mitigating measures, and requires a significant restriction from a class or broad range of jobs for a regarded-as limitation in working; inability to perform one particular job alone is insufficient.

Cooper v. Olin Corporation, Winchester Division · filed 2001-05-01(i), (j)(1)(i)-(ii), (j)(2)(i)-(iii), (j)(3)(i)-(ii)

According to the regulations that guide the interpretation of the ADA, an impairment is “substantially limiting” if it renders an individual unable to perform a major life activity that the average person in the general population can perform, or if it significantly restricts the condition, manner, or duration under which an individual can perform such an activity compared to the general population. 29 C.F.R. § 1630.2(j)(l)(i)-(ii). ... Several factors are considered in determining whether a person is substantially limited in a major life activity: (1) the nature and severity of the impairment; (2) its duration or anticipated duration; and' (3) its long-term impact. 29 C.F.R. § 1630.2(j)(2)(i)-(iii). ... To be regarded as substantially limited in the life activity of working, a plaintiff must be regarded as “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i); ... Inability to perform one particular job does not constitute a substantial limitation on working. ... Factors to be considered in determining whether a plaintiff is restricted from a class of jobs include the person’s expertise, background, and job expectations. ... 29 C.F.R. § 1630.2(j)(3)(ii); ... Dr. Olmstead’s conclusion that Cooper was precluded from her particular locomotive job is not sufficient to indicate that he considered her to be disabled in the activity of working. ... Accordingly, we conclude that Cooper has presented insufficient evidence to show a fact issue on whether Olin regarded her as disabled.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulation identifies major life activities and requires substantial limitation to be evaluated by the impairment’s severity, duration, and long-term impact.

Alpert v. DeKalb Office Environments, Inc. · filed 2001-04-25(i), (j)(1)(i)-(ii), (j)(2)

The regulations define “substantially limits” as rendering an individual “[u]nable to perform a major life activity that the average person in the general population can perform” or “[significantly restricted as to the condition, manner, or duration under which .the average person in the population can perform that same major life activity.” 29 C.F.R. §§ 1630.2(j)(l)(i)-(ii). ... In this case, the Court first notes that Plaintiffs treating physician indicated that Plaintiff did not have any restrictions substantial enough to limit her ability to perform any major life activity. ... Plaintiff may have suffered some diminished capacity from her knee surgery, but she has not created a triable issue that she is disabled within the meaning of the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(1) treats a person as substantially limited when an impairment prevents performance of a major life activity at the level of the average person or significantly restricts its condition, manner, or duration.

Williams v. Hallmark Cards, Inc. · filed 2001-06-05(j)(1)

A plaintiff is substantially limited if unable to perform a major life activity the average person can perform or significantly restricted as to the condition, manner or duration under which he can perform the major life activity. Steele , 241 F. 3d at 1254; see also 29 C.F.R. § 1630.2(j)(1).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(j) treats a person as substantially limited when an impairment totally prevents or significantly restricts a major life activity, and subsection (j)(3)(i) requires a significant restriction from a class or broad range of jobs, not merely one position.

Shannon v. Henderson · filed 2001-09-26(j), (j)(3)(i)

Regulations promulgated by the EEOC interpreting the ADA define “substantially limits” to mean either: (1) a total inability to perform a major life activity that the average person in the general population can perform; or (2) a significant restriction on the condition, manner, or duration under which an individual can perform a major life activity as compared to the general population. See 29 C.F.R. § 1630.2(j)(1) (2000). Factors to be considered in determining whether an individual is substantially limited with respect to a major life activity include “(i) [t]he nature and severity of the impairment; (ii) [t]he duration or expected duration of the impairment; and (iii) [t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” Id. at § 1630.2(j)(2). ... In order to establish a substantial limitation on the major life activity of “working,” Shannon must demonstrate that he was significantly restricted in his ability to perform either a class of jobs or a broad range of jobs in various classes. See Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727 (5th Cir. 1995) (citing 29 C.F.R. § 1630.2(j)(3)(i)). Evidence of disqualification from a single position or narrow range of jobs will not support a finding that an individual is substantially limited from the major life activity of working. See id. at 727; ... Because Shannon has not demonstrated that his back condition substantially limited his ability to perform any major life activity during the first six months of 1996, he has not established a prima facie case of disability discrimination under the Rehabilitation Act.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j) defines a substantial limitation by comparing the individual’s ability to perform a major life activity with that of the average person and considering the impairment’s severity, duration, and long-term impact; for manual tasks, the impairment must prevent or severely restrict activities central to most people’s daily lives.

Toyota Motor Manufacturing, Kentucky, Inc. v. Williams · filed 2002-01-08(j)

We therefore hold that to be substantially limited in performing manual tasks, an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives. The impairment’s impact must also be permanent or long term. See 29 CFR §§ 1630.2(j)(2)(ii)-(iii) (2001).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

An impairment is substantially limiting when it makes a person unable to perform a major life activity that the average person can perform or significantly restricts the condition, manner, or duration in which the person performs it.

Ralph NAWROT, Plaintiff-Appellant, v. CPC INTERNATIONAL, N/K/A Best-Foods, Inc., a Corporation, Defendant-Appellee · filed 2002-01-11(j)

To be substantially limiting, the impairment must make the individual “[ujnable to perform a major life activity that the average person in the general population can perform” or “[significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 CFR § 1630.2(j); see also Sutton, 527 U.S. at 480, 119 S.Ct. 2139. ... Bestfoods argues, however, that this is not enough. They argue that these facts fail to demonstrate a “substantial” limitation on any “major life activity.” We simply cannot agree. Instead, we are convinced that Nawrot has sufficiently demonstrated that his diabetes substantially limits his ability to think and care for himself, which are both major life activities.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(c) treats an impairment as substantially limiting only when it prevents or significantly restricts a major life activity, and limits working only when the person cannot perform a broad class of jobs.

Mink v. Wal-Mart Stores, Inc. · filed 2002-01-24(c)

The Supreme Court follows the Equal Employment Opportunity Commissions’ definition of “substantially limited” as meaning that the claimant is “unable to perform a major life activity that the average person in the general population can perform.” ... In considering whether the major life activity of working is substantially limited by Minks’ condition, this Court must also examine his alternative opportunities for employment. Mink asserts that his condition limited his ability to drive a truck, but he does not allege an inability to work in a broad class of employment. Although Mink may not have been able to perform the tasks associated with his job as a truck driver, it is certainly clear that he was not prohibited from finding employment in another occupation which would not require him to operate a commercial vehicle. ... Consequently, this Court concludes that at the time of his termination Mink’s leg impairment did not rise to the type of disability which the ADA was intended to protect, and therefore he lacks standing under the ADA to bring this claim.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j)(1) treats an impairment as substantially limiting when it significantly restricts the condition, manner, or duration in which a person can perform a major life activity compared with the average person.

Regional Economic Community Action Program, Inc. v. City Of Middletown · filed 2002-02-05(j)(1)

Finally, to qualify as disabled, the limitation of RECAP's clients must have been "substantial." A limitation is substantial if it "[s]ignificantly restrict[s]... the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity." 29 C.F.R. § 1630.2(j)(1). Individuals must show only "substantial limitations," not "utter inabilities," to qualify for statutory protection. Bragdon, 524 U.S. at 641, 118 S.Ct. 2196. Here, the plaintiffs' clients would have been deemed substantially limited because they are unable to abstain from alcohol abuse without continued care; absent assistance, they cannot adequately care for themselves.

Law changed since Same change as noted above.

A limitation is substantial when an impairment significantly restricts the condition, manner, or duration of performing a major life activity compared with the average person.

Regional Economic Community Action Program, Inc. v. City of Middletown · filed 2002-02-19(j)(l)

A limitation is substantial if it “[significantly restricts] ... the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(l). ... Here, the plaintiffs’ clients would have been deemed substantially limited because they are unable to abstain from alcohol abuse without continued care; absent assistance, they cannot adequately care for themselves.

Law changed since Same change as noted above.

Section 1630.2(j)(1) requires a significant restriction in the ability to perform a major life activity, measured against the average person in the general population.

Beaulieu v. Northrop Grumman Corp. · filed 2001-12-19(j)(1)

Beaulieu's diabetes requires moderate modification of his eating, ... but Beaulieu did not demonstrate that he is “[ujnable” to eat or that his eating is “significantly restricted ... as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(1)(2001).

Law changed since Same change as noted above.

An impairment substantially limits a major life activity when the person is significantly restricted in the condition, manner, or duration under which the average person can perform that activity.

Moysis v. DTG Datanet, Inc. · filed 2002-01-29(j)(ii)

An impairment is substantially limiting if an individual is "[s]ignificantly restricted as to the condition, manner or duration under which . . . the average person in the general population can perform that same major life activity." 29 C.F.R. § 1630.2(j)(ii).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats major life activities as including functions such as working, requires a significant restriction compared with the average person to establish substantial limitation, requires inability to perform a class or broad range of jobs rather than only one job for a work limitation, and does not require an employer to create a new position as an accommodation.

Jackson v. Analysts International Corp. · filed 1997-02-12(i), (j)(1)(ii), (j)(2), (j)(3)(i), (j)(3)(ii), (l), (o)(2)(ii)

An individual’s impairment constitutes a “disability” under the ADA, however, only if it “substantially limits” a major life activity. An impairment is substantially limiting if it significantly restricts the “condition, manner or duration under which an individual can perform a particular major life activity as compared to ... the average person in the general population.” 29 C.F.R. § 1630.2(j)(1)(ii) (1996). Three factors must be considered in determining whether a substantial limitation is present: (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the expected permanent or long term impact. ... To demonstrate such an impairment an individual must show “significant restriction in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i) (1996). The inability to perform a single, particular job is insufficient.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j) defines being substantially limited in a major life activity as being significantly restricted in performing it compared with the average person.

DeJoy v. Comcast Cable Communications Inc. · filed 1997-03-21(j)

To be considered “substantially limit[ed]” in a major life activity, a plaintiff must be significantly restricted in the performance of the activity, compared to the average person. 29 C.F.R. § 1630.2(j).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 treats working as a major life activity, requires a significant restriction compared with the average person and inability to perform a class or broad range of jobs to establish substantial limitation in working, and permits reassignment to a lower-graded vacant position without preserving the higher salary when equivalent accommodation is unavailable.

Crumpton v. St. Vincent's Hospital · filed 1997-04-01(i), (j)(1)(ii), (j)(3)(i), (j)(3)(ii), (o)

The term “major life activity” has been defined by the EEOC to include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i); ... The EEOC regulations for the ADA defines “substantially limited” as “significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity.” 29 C.F.R. § 1630.2(j)(l)(ii). ... Therefore, to prove that she is disabled, plaintiff must show that her impairments substantially restrict her ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. ... The EEOC’s interpretation of “reasonable accommodations” clearly allows the reassignment of an individual to a lower graded position without maintaining the salary of the high graded position. ... The court concludes that the fact that the reassignment provided to plaintiff as an accommodation could be considered a “demotion” and did not allow plaintiff to be eligible for future pay increases would not render the accommodation unreasonable.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats a person as substantially limited when unable or significantly restricted in a major life activity, evaluates the impairment’s severity, duration, and long-term impact, and for working requires restriction from a class or broad range of jobs; it also covers a record of such an impairment.

Williams v. Kerr-Mcgee Corp., a Corporation · filed 1997-04-01(g), (i), (j)(1), (j)(2), (j)(3), (k), (j)(3)(i), (j)(3)(ii)

The ADA defines the term "disability" as "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2); see also 29 C.F.R. § 1630.2(g). Ms. Williams relies on (A) and (B). ... The regulations implementing the ADA provide that major life activities include "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i); see also MacDonald v. Delta Air Lines, Inc., 94 F.3d 1437, 1444 (10th Cir.1996). The appendix to the regulations adds that "other major life activities include, but are not limited to, sitting standing, lifting, [and] reaching." 29 C.F.R. Pt. 1630, App. to Part 1630, § 1630.2(i). A person is substantially limited in one of these major life activities if the person is unable to perform the activity or is "[s]ignificantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to ... the average person." 29 C.F.R. § 1630.2(j)(1). ... The regulations provide that in determining whether a person is substantially limited in a major life activity, the fact finder should consider the nature and severity of the impairment, its expected duration, and its expected permanent or long term impact. 29 C.F.R. § 1630.2(j)(2). A person is substantially limited in the major life activity of working if the person is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities." 29 C.F.R. § 1630.2(j)(3). However, "[t]he inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working." Id. A fact finder may consider the geographical area to which the individual has reasonable access and the number and types of jobs within that geographical area from which the individual is disqualified because of the impairment. Id. ... Even if Ms. Williams could not prove that she had an impairment that substantially limited a major life activity, Ms. Williams would be protected by the ADA if she proved that she had "a record of such impairment" which means "has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities." 29 C.F.R. § 1630.2(k). "This part of the definition is satisfied if a record relied on by an employer indicates that the individual has or has had a substantially limiting impairment." 29 C.F.R. Pt. 1630, App. to Part 1630, § 1630.2(k). ... Specifically, she did not offer the opinion of a medical expert regarding how lupus affects the body, what stage of lupus she had at the time she worked for Kerr-McGee, which of her symptoms were associated with lupus, and how her symptoms impacted her major life activities. Dr. Pokorny, who is a psychologist and not a physician, testified that she diagnosed Ms. Williams as having a number of psychological disorders which interacted with her physical condition. However, Dr. Pokorny did not testify how these psychological disorders impacted Ms. Williams' major life activities. In fact, the only physician who testified was Dr. Gibbs. He testified that after discussing Ms. Williams' condition with her and Dr. Kanaa and reviewing the letter and medical records from Dr. Kanaa, it was his opinion that Ms. Williams' case of early lupus did not substantially limit her in any major life activities while she was employed by Kerr-McGee. He also stated that she did not describe any such limitations to him during their discussion of her medical condition. ... For these reasons we conclude there was sufficient evidence upon which a reasonable jury could conclude that Ms. Williams was not a qualified person with a disability, and that the district court did not err in denying her motions for judgment as a matter of law or for a new trial.

Law changed since Same change as noted above.

The regulation treats sitting and standing as major life activities, defines substantial limitation by comparison with the average person and the impairment’s severity, duration, and long-term impact, and requires significant restriction in a class or broad range of jobs to substantially limit working.

Nieves v. Individualized Shirts · filed 1997-04-28(i), (j)(1)(ii), (j)(2), (j)(3)(i)

Regulations promulgated by the EEOC illumine these provisions. “Major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” 29 C.F.R. § 1630.2(i). Sitting and standing are also considered major life activities. 29 C.F.R., App. to part 1630, § 1630.2(i). A person’s abilities are “substantially limited” when they are “significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(1)(ii). A court should consider: “(i) [t]he nature and severity of the impairment; (ii)[t]he duration or expected duration of the impairment; and (iii)[t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2). ... At the least, Nieves has created a fact question as to whether her condition “substantially limits” her ability to stand, a question which is inappropriate for resolution on a summary judgment motion.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

An impairment must substantially limit a major life activity, assessed by the impairment’s severity, duration, and long-term impact; an illness alone is not necessarily an impairment.

Rodriguez v. Loctite Puerto Rico, Inc. · filed 1997-06-25(h), (j)(1), (j)(2)

Viewing each of these incidents/conditions as symptoms of the plaintiffs Lupus condition, no reasonable jury could determine that the plaintiffs impairment substantially limited any of her major life activities. An illness cannot in and of itself be considered an impairment. Only its symptoms and/or ramifications actually limit the inflicted person’s ability to perform major life activities. The incidents described by the plaintiff constitute the full range of symptoms and/or ramifications that a reasonable jury could possibly ascribe to her Lupus condition. These incidents are temporally spread apart, and from the evidence, nothing can be determined as to how each of the incidents affected the plaintiff. For example, the Court cannot see how occasional renal manifestations and/or a single incident of oral ulcer can arguably limit her life activities. Neither is severe, and from the evidence neither appears to have an extended duration or any long term impact. Other incidents could possibly be severe enough to limit the plaintiff if of long enough duration, such as arthritis or seizures. But from the evidence, no jury could reasonably determine that either the seizure episode or the arthritis did so limit her. No evidence has been presented explaining the severity of her arthritis, and the evidence suggests that the plaintiff suffered but a single episode of seizures in 1982 and fails to explain the severity or impact of that episode.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 treats lifting and reaching as major life activities and requires a significant restriction on performing a class or broad range of jobs, not merely one particular job, to establish a substantial limitation in working.

Helfter v. United Parcel Service, Inc. · filed 1997-06-10(i), (j)(3)(ii)

Sitting, standing, lifting, and reaching are also considered major life activities. 29 C.F.R. § 1630.2(i). ... The factors to be considered include: the number and type of jobs from which the impaired individual is disqualified; the geographical area to which the individual has reasonable access; and the individual's job training, experience, and expectations. ...

Law changed since Same change as noted above.

Section 1630.2(i) identifies major life activities including seeing and working, while § 1630.2(j)(3)(I) requires a significant restriction in performing a class or broad range of jobs and does not treat inability to perform one particular job as a substantial limitation in working.

Still v. Freeport, Inc · filed 1997-08-27(i), (j)(3)(I), (j)(3)

Major life activities include "caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i). ... A person is substantially limited from working if he or she is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working." 29 C.F.R. § 1630.2(j)(3)(I); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir.1995).

Law changed since Same change as noted above.

The regulation treats a person as substantially limited when a major life activity is significantly restricted compared with the general population, and inability to perform one particular job alone is insufficient; for working, the limitation must reach a class or broad range of jobs.

Thompson v. Holy Family Hospital, a Division of Dominican Health Services · filed 1997-08-15(j)(l)(i), (j)(3)(i), (j)(3)(ii)

To establish a substantial limitation, Thompson must demonstrate that she is “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i). The inability to perform one particular job does not constitute such a limitation.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(i) identifies major life activities, and § 1630.2(j)(1) defines substantial limitation by inability or significant restriction compared with the average person.

Williams v. Houston Lighting & Power Co. · filed 1997-10-09(i), (j)(1)

Included in the EEOC’s definition of “major life activities” are “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). To be considered substantially limited in one of these activities, an individual must be either (i) unable to perform a major life activity that the average person in the general population can perform, or (ii) significantly restricted as to the condition, manner or duration under which he can perform a particular major life activity as compared to an average person in the general population. 29 C.F.R. § 1630.2(j)(l). ... The Court finds as a matter of law, for the reasons that follow, that Plaintiff-does not have an impairment that substantially limits any major life activity, and therefore has failed to establish a prima facie case against either defendant under the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulation identifies walking and other listed functions as major life activities and defines a substantial limitation by inability or significant restriction compared with the average person, considering the impairment’s severity, duration, and long-term impact.

Penny v. United Parcel Service · filed 1997-10-22(i), (j)(1), (j)(2)

The regulations define the phrase “substantially limits” as follows: ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... In deciding whether an individual is substantially limited in a major life activity, courts should consider the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact, or expected permanent or long term impact, of the impairment.' ... Although the record clearly indicates that Penny suffers an impairment that affects to some degree his ability to walk, he has not “adduced sufficient evidence from which a factfinder reasonably could conclude that the nature and severity of his injury significantly restricted his ability to walk as compared with an average person in the general population.”

Law changed since The ADAAA and 2011 EEOC revision require the disability inquiry to disregard the ameliorative effects of mitigating measures, except ordinary eyeglasses or contact lenses.

Whether an impairment substantially limits a major life activity is assessed by its actual effects, including the beneficial effects of medication.

Wilking v. County of Ramsey · filed 1997-11-06(j)(2)

This court joins those that have rejected this portion of the EEOC interpretative guidance. 'This court agrees that the EEOC’s interpretation is in direct conflict with the language of the statute requiring plaintiffs in ADA cases to show that an impairment “substantially limits” a major life activity. Therefore, the beneficial effects of Wilking’s medication will be considered.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

The regulation identifies major life activities and defines substantial limitation by reference to inability or significant restriction compared with the average person, considering the impairment’s nature, severity, duration, and expected long-term impact.

Vulcu v. Trionix Research Laboratory, Inc. · filed 1998-01-27(j)(1)(i)-(ii)

Furthermore, whether an impairment substantially limits a major life activity is determined in the light of (1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent or long-term impact. 29 C.F.R. § 1630.2®. To substantially limit means: (i) unable to perform a major life activity that the average person in the general population can perform; or (ii) significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition,, member or duration under which the average person in the general population can perform the same major life activity. 29 C.F.R. § 1630:2(j)(l)(i) and (ii). ... However, this Court concludes that such treatment is insufficient to establish that Plaintiff is “disabled,” i.e. that he is “substantially limited in one of his life activities.”

Law changed since The ADAAA and 2011 EEOC revision allow a short-term or episodic impairment to qualify under the actual-disability or record-of prong when it substantially limits a major life activity; permanent or long-term effects are not required.

Section 1630.2(j) generally does not treat a temporary, non-chronic impairment of short duration with little or no long-term impact as substantially limiting a major life activity.

Hamilton v. Southwestern Bell Telephone Co. · filed 1998-03-23(j)

By his own admission, however, these impairments no longer exist and the major life functions described by the EEOC regulations have not been affected. We have noted that “[t]he EEOC regulations provide that temporary, non-chronic impairments of short duration, with little or no permanent long-term impact, are usually not disabilities.” Consequently, there was no evidence offered on which a jury could find that this impairment substantially limited a major life activity other than working.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an impairment as substantially limiting only when it significantly restricts a major life activity, and requires consideration of the impairment’s nature, severity, duration, and long-term impact.

Williamson v. Hartmann Luggage Co. · filed 1998-03-26(j)(l), (f), (j)(2)

The regulations define the phrase “substantially limits” as: ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... Major life activities include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” ... In determining whether a person is substantially limited in a major life activity, the court should consider the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact, or expected permanent or long term impact of or resulting from the impairment. ... Thus, the Court finds that Dr. Jantz’s limitation on the plaintiffs ability to stand or walk more than half a workday does not in and of itself translate to a substantial limitation on the major life activities of walking and/or standing. ... The Court finds that based on the plaintiffs own admissions, his impairment does not significantly limit his major life activities. ... The Court finds that the plaintiff cannot show that he is substantially limited in any major life activity and thus fails to establish that he is disabled within the meaning of the ADA.

Law changed since Same change as noted above.

Section 1630.2 defines a substantial limitation as being unable to perform a major life activity or being significantly restricted in how, when, or for how long it can be performed, and identifies impairment severity, duration, and long-term impact as relevant considerations.

Hill v. Baltimore Cty Social · filed 1998-04-21

An individual suffers from a "substantial limitation" if she is unable to perform a major life activ- ity or is significantly restricted as to the condition, manner, or dura- tion under which she can perform a major life activity as compared to an average person. See 29 C.F.R. § 1630.2 (1997). In making the substantial limitation determination, a court may consider: (i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and (iii) the permanent or long term impact, or the expected permanent or long term impact of, or resulting from, the impairment. See id.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation defines disability and substantial limitation, identifies the factors for assessing substantial limitation, and requires a significant restriction in a class or broad range of jobs to establish substantial limitation in working; on this record, the court could not determine whether plaintiff's condition substantially limited lifting or working.

Morales v. United States Postal Service, Postmaster General · filed 1998-05-04(i), (j)(1)(ii), (j)(2), (j)(3)(i), (j)(3)(ii)

An impairment constitutes a disability only if it “substantially limits” a major life activity. An impairment is substantially limiting if it significantly restricts the “condition, manner or duration under which an individual can perform a particular major life activity as compared to ... the average person in the general population.” 29 C.F.R. § 1630.2(j)(l)(ii). Three factors must be considered in determining whether a substantial limitation is present: (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the expected permanent or long term impact. ... To demonstrate a substantial limitation in his ability to work, plaintiff must show “significant restriction in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i). The inability to perform a single, particular job is insufficient. ... On this record, the Court cannot determine whether plaintiffs degenerative disc condition and permanent lifting restriction substantially limited his ability to lift or work, major life activities.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

The regulation identifies major life activities and defines substantial limitation as either inability to perform a major life activity or significant restriction in the condition, manner, or duration of performing it compared with an average person in the general population.

Leger v. Texas EMS Corp. · filed 1998-08-25(i), (j)(1)

Included in the EEOC’s definition of “major life activities” are “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). To be considered substantially limited in one of these activities, an individual must be either (i) unable to perform a major life activity that the average person in the general population can perform, or (ii) significantly restricted as to the condition, manner or duration under which she can perform a particular major life activity as compared to an average person in the general population. 29 C.F.R. § 1630.2(j)(1). ... The Court finds that there is at least a fact issue as to whether Leger’s alleged injuries rendered her “disabled” under the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 treats working as substantially limited only when an impairment significantly restricts a person from performing a class or broad range of jobs, and requires a significant restriction in breathing compared with the average person.

Kidwell v. Board of County Com'rs of Shawnee County · filed 1998-09-22(j)(1), (j)(3)(i), (j)(3)(ii)(B), (j)(3)(ii)(C)

The plaintiff comes forth with no evidence from which a jury could find that his breathing difficulties around smoke prevented or significantly restricted him from performing a class of jobs or a broad range of jobs in various classes. ... The plaintiff also has failed to demonstrate that he is “significantly restricted as to the condition, manner, or duration of ... [his ability to breathe] as compared to the average person in the general population, taking into consideration the three listed factors” in 29 C.F.R. § 1630.2(j)(l)(i). ... In short, the plaintiff comes forth with no medical proof to substantiate that his alleged condition significantly restricted his ability to work and/or breathe. ... On the record as it exists, a jury could not find that the plaintiff suffered an impairment that substantially limited his ability to breathe or work.

Law changed since Same change as noted above.

The regulation identifies working as a major life activity and requires an inability or significant restriction compared with the average person for an impairment to be substantially limiting; the court held that a morning-only inability to function did not satisfy that standard.

Klein v. FLORIDA, DEPT. CHILDREN & FAMILY SERV. · filed 1998-12-31(i), (j)(l)

Major life activities include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). ... Klein’s impairment, an inability to function in the morning, does not limit a major life activity because she is without physical or mental limitations after 9:30 a.m.

Law changed since Same change as noted above.

Section 1630.2 treats an impairment as substantially limiting when it prevents or significantly restricts a major life activity, and inability to perform one particular job alone is not a substantial limitation in working.

Connie J. Talk v. Delta Airlines, Inc. · filed 1999-02-05(j)(1)(i)-(ii), (j)(3)(i)

[Substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.

Law changed since Same change as noted above.

Section 1630.2 treats an impairment as substantially limiting when it prevents or significantly restricts a major life activity, including breathing or a class or broad range of jobs.

Adams v. Henderson · filed 1999-04-23(h)(1), (i), (j)(1), (j)(2), and (j)(3)

Contrary to Defendants’ assertions, when considered in terms of these factors, the record shows that Adams had an impairment that substantially limited him in the major life activity of breathing. ... Adams’ sensitivity to strong fumes from cleaning solutions and other chemical irritants substantially limits him in his ability to perform, at the very least, the jobs that are conducted in detention facilities throughout the United States.

Law changed since Same change as noted above.

Section 1630.2(i) identifies major life activities, § 1630.2(j)(2) lists factors for determining substantial limitation, and § 1630.2(j)(3)(i) requires significant restrictions in a class or broad range of jobs to substantially limit the major life activity of working.

Hill v. Metropolitan Atlanta Rapid Transit Authority · filed 1999-05-13(i), (j)(2), (j)(3)(i)

The ADA defines neither “major life activities” nor “substantially limits,” and courts may rely on regulations promulgated by the EEOC with regard to the ADA and the Rehabilitation Act. ... “Major life activities” include basic functions and activities such as walking, seeing, hearing, breathing, learning, sitting and working. 29 C.F.R. § 1630.2(i). When determining whether an impairment substantially limits a major life activity, courts should consider (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. 29 C.F.R. § 1630.2(j)(2). “To demonstrate that an impairment ‘substantially limits’ the major life activity of working, an individual must show ‘[significant restrictions] in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities.’ ” ... In this case, the Plaintiff has not established that her impairments, depression and sleep apnea substantially limited any of her major life activities, including working. ... The record reflects no substantial limitation in the Plaintiffs ability to perform her job at MARTA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(i) identifies major life activities, and section 1630.2(j)(1) defines substantial limitation as either inability to perform a major life activity or significant restriction in the condition, manner, or duration of performing it compared with the average person.

Smith v. United Parcel Service · filed 1999-06-03(i), (j)(1)

Included in the EEOC’s definition of “major life activities” are “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). To be considered substantially limited in one of these activities, an individual must be either (i) unable to perform a major life activity that the average person in the general population can perform, or (ii) significantly restricted as to the condition, manner or duration under which he can perform a particular major life activity as compared to an average person in the general population. 29 C.F.R. § 1630.2(j)(l).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(i) identifies major life activities, and § 1630.2(j)(3)(i) treats working as substantially limited when the individual is significantly restricted from performing a class of jobs or a broad range of jobs in various classes.

Tubens v. Police Dept. of City of New York · filed 1999-06-01(i), (j)(3)(i)

The EEOC regulations define “major life activities” as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). ... A plaintiffs ability to work is substantially limited if she is “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes.” 29 C.F.R. § 1630.2(j)(3)(i).

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(h)(2)(i) identifies working and other basic functions as major life activities, while § 1630.2(j)(2) directs courts to consider impairment severity, duration, and long-term impact when assessing substantial limitation.

McClure v. West · filed 1999-06-29(h)(2)(i), (j)(2)

A major life activity refers to basic functions, such as "caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(h)(2)(i) (1998). The following factors should be considered in determining whether an individual is substantially limited in a major life activity: (i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. 29 C.F.R. § 1630.2(j)(2). The medical evidence shows that if McClure was ever substantially limited, it was only when she was working on the eighth floor of the Hoffman II building during renovations. The severity of the impairment subsided once she left the eighth floor. So long as she was not working in that environment, McClure was not suffering from an impairment that limited life activities.

Law changed since Same change as noted above.

The regulation defines substantial limitation by comparison with the average person, identifies major life activities, and requires consideration of an impairment’s severity, duration, and long-term impact; applying those criteria, the court held that treated sleep apnea was not disabling.

Taylor v. Blue Cross & Blue Shield of Texas, Inc. · filed 1999-06-28(j)(l), (f), (jX2)

While the ADA does not itself provide a definition of “substantially limits” or “major life activities,” courts have adhered to the definitions promulgated by the EEOC and set forth in the Code of Federal Regulations. ... 29 C.F.R. § 1630.2(j)(l) (1998). “Major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(f) (1998). Whether an impairment substantially limits a major life activity is determined in light of “(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(jX2) (1998). ... Because Mr. Taylor’s physical impairment has been corrected and does not substantially limit any major life activity, he does not suffer from a disability within the meaning of the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j)(1) treats an impairment as substantially limiting when a person cannot perform a major life activity or is significantly restricted compared with the general population, and § 1630.2(j)(2) requires considering the impairment’s nature, severity, expected duration, and expected permanent or long-term impact.

Scherer v. GE Capital Corp. · filed 1999-07-02(j)(1) (j)(2)

An impairment “substantially limits” a major life activity if the individual is unable to perform the major life activity, or is significantly restricted in the ability to perform the major life activity compared to the general population. ... Whether plaintiff is substantially limited depends on the nature and severity of his impairment, its expected duration, and its expected permanent or long-term impact.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 identifies major life activities, measures substantial limitation by impairment severity, duration, and long-term impact, applies a distinct class-or-broad-range-of-jobs test to working, and defines when a person is regarded as having an impairment.

Doyle v. State of Maine, Dep't of Human Servs. · filed 2002-07-10(i), (j)(2), (j)(3)(i), (j)(3)(ii), and (l)

The court then must consider the three factors provided in the regulations that establish whether the plaintiff’s condition substantially limits the activity being examined. The three factors are (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. 29 C.F.R. § 1630.2(j)(2). ... The standard governing whether an impaired person is substantially limited in the ability to work is found at 29 C.F.R. § 1630.2(j)(3)() which states “[w]ith respect to the major life activity of working . . [t]he term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” Under this standard, the plaintiff must show that her physical condition restrict her from performing a range or class of jobs. ... The regulations define someone who is “regarded as having an impairment” as someone who (1) has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation; (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (3) has none of the impairments defined in paragraphs (h) (1) or (2) [see footnote 11], but is treated by a covered entity as having a substantially limiting impairment. 29 C.F.R. § 1630.2(I).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation identifies breathing and working as major life activities, defines substantial limitation by inability or significant restriction, and requires a class-of-jobs analysis for working, so inability to perform one particular job is insufficient.

Watson v. Hughston Sports Medicine Hospital · filed 2002-11-06(f), (j)(1)(i)-(ii), (j)(2), (j)(3)(i)-(ii)(A)-(C), (l)

The regulations further define “substantially limits” as being “unable to perform a major life activity” or “significantly restricted as to the condition, manner or duration” in which he or she performs a major life activity. 29 C.F.R. § 1630.2(j)(1)(i)-(ii); ... Whether an individual’s ability to perform a major life activity is “substantially limited” is to be determined by examining three factors: (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long term impact, or expected such impact, of or resulting from the impairment. 29 C.F.R. § 1630.20X2). ... The regulations also specifically provide that “[t]he inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3)(i). Applying these factors to the facts of the case at bar, no reasonable jury could conclude that Watson is substantially limited in the major life activity of working. ... The facts thus illustrate that Watson is unable to work in only one hospital, Hugh-ston, because of her allergy. Accordingly, no reasonable jury could conclude that Watson’s allergy substantially limits her ability to work.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an impairment as substantially limiting only when it causes an inability or significant restriction compared with the average person, assessed by the impairment’s nature, severity, duration, and long-term impact, and it recognizes activities such as walking and working as major life activities.

Salim v. MGM GRAND DETROIT, LLC. · filed 2002-10-29(j)(1)(i), (i), (j)(2)

“Substantially limits” means an inability to perform, or a significant restriction on the ability to perform as compared to the average person in the general population. ... “Major life activity” includes “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working”. ... “The determination of whether an impairment substantially limits a major life activity requires a consideration of ‘(i) [t]he nature and severity of the impairment; (ii)[t]he duration or expected duration of the impairment; and (iii)[t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.’ ” ... It is clear that minor impairments with regard to the major life activity of walking do not constitute a disability under the ADA.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j)(2) directs courts to consider the impairment’s nature and severity, duration or expected duration, and permanent or long-term impact when deciding whether it substantially limits a major life activity.

Gallagher v. Sunrise Assisted Living of Haverford · filed 2003-02-14(j)(2)

Generally, when determining whether a plaintiff asserting claims under the ADA is affected by a disability that substantially limits a major life activity, a court should consider: “(i) [t]he nature and severity of the impairment; (ii)[t]he duration or expected duration of the impairment; and (iii)[t]he permanent or long term impact resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2). For an impairment to qualify as substantially limiting it should prevent or severely restrict an individual in major life activities. ... There is no evidence that Plaintiffs allergies substantially restricts her in any major life activity. By Plaintiffs own admission, the use of an inhaler and injections decreased any limitation Plaintiffs allergies place on her breathing. ... Therefore, Plaintiff is not disabled under the first prong of the ADA’s definition of disability.

Law changed since Same change as noted above.

An impairment’s substantial limitation is assessed by considering the condition, manner, and duration of the person’s ability to perform a major life activity, including whether the impact is permanent or long term.

Velarde v. Associated Regional & University Pathologists · filed 2003-04-02(j)(2)(ii)

These findings do not create a genuine issue of material fact regarding whether Velarde’s impairments substantially limit major life activities. The EEOC Guidelines are clear that in determining substantial impairment, the duration of such impairment must be considered. 29 C.F.R. §§ 1630.2(j)(2)(ii)-(iii). Specifically, the Guidelines state that the impairment’s impact must be permanent or long term. Id.; see also Toyota, 534 U.S. at 198.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

An impairment is substantially limiting when it prevents a major life activity the average person can perform or significantly restricts its condition, manner, or duration; for working, the limitation must significantly restrict a class or broad range of jobs rather than prevent performance of one particular job.

Philip v. Ford Motor Company · filed 2003-05-21(j)(1)(i), (j)(3)(i)

An impairment is “substantially limiting” if it renders an individual unable to perform a major life activity which the average person in the general population can perform, or if it significantly restricts the condition, manner, or duration under which an individual can perform such an activity compared to the general population. 29 C.F.R. § 1630.2(j)(1)(i)-(ii). ... In opposition to Ford’s motion for summary judgment, Philip presented evidence of his physical impairments, medical diagnoses and work limitations. He focused solely on the effect his limitations had on work-related activities, e.g., his inability to operate a glue gun on a repetitive basis and his inability to operate vibrating or air tools. Conversely, Philip cited no examples of how the limitations impacted tasks central to most people’s daily lives. ... Because Philip has failed to make a prima facie showing of disability under the ADA or MHRA, the district court’s grant of summary judgment on those claims is affirmed.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an impairment as substantially limiting when it prevents or significantly restricts a major life activity, and for working requires a significant restriction on a class or broad range of jobs, assessed with factors including severity, duration, and long-term impact.

Philip v. Ford Motor Company, a Delaware Corporation · filed 2003-05-21(h), (i), (j)(1)(i)-(ii), (j)(2)(i)-(iii), and (j)(3)(i)

For purposes of this discussion, we assume Philip suffers from a physical impairment, that is, a “condition ... affecting one or more ... body systems .... ” 29 C.F.R. § 1630.2(h). An impairment is “substantially limiting” if it renders an individual unable to perform a major life activity which the average person in the general population can perform, or if it significantly restricts the condition, manner, or duration under which an individual can perform such an activity compared to the general population. 29 C.F.R. § 1630.2(j)(l)(i)-(ii). Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and working, 29 C.F.R. § 1630.2(i), as well as sitting, standing, lifting, and reaching. ... Several factors are considered in determining whether a person is substantially limited in a major life activity 1) the nature and severity of the impairment, 2) its duration or anticipated duration, and 3) its long-term impact. 29 C.F.R. § 1630.2(j)(2)(i)-(iii). ... To be substantially limited in the life activity of working, a plaintiff must be “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i). Inability to perform one particular job does not constitute a substantial limitation on working.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 defines when an impairment is substantially limiting and directs consideration of the impairment’s nature, severity, duration, and permanent or long-term impact.

Banks v. Potter · filed 2003-03-31(j)(1), (j)(2)

“The regulations recommend that the following factors be considered in determining whether an individual is substantially limited in a major life activity: ‘(i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and (iii) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.’ 29 C.F.R. § 1630(j)(2).”

Law changed since Same change as noted above.

Section 1630.2(i) identifies major life activities, while §§ 1630.2(j)(1) and (j)(3)(i) define substantial limitation and require considering the impairment’s nature, duration, and long-term impact.

Campbell v. Meredith Corp. · filed 2003-05-02(i), (j)(1), (j)(3)(i)

Although the ADA does not define the term “major life activities,” regulations promulgated by the Equal Employment Opportunity Commission provide some guidance. These regulations adopt the definition of “major life activities” found in the Rehabilitation Act regulations. Major life activities “means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” ... Once Plaintiff identifies his major life activities, he must show that his impairment “substantially limits” these activities. ... An impairment “substantially limits” if Plaintiff is “(i) [u]nable to perform a major life activity that the average person in the general population can perform; or (ii)[s]ignificantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity.” ... In making the determination, the following factors should be considered: (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long-term impact, or the expected permanent or long-term impact of or resulting from the impairment. ... Determining whether an impairment substantially limits a major life activity must also include consideration of the effects of any corrective measures.

Law changed since Same change as noted above.

Section 1630.2 defines impairment, major life activity, and qualified individual with a disability, and requires substantial limitation to be assessed case by case using the impairment’s nature, duration, and long-term impact.

Hines v. Chrysler Corp. · filed 2002-09-30(h), (i), (j)(2), (m)

The court considers three factors in assessing whether the individual is “substantially limited” in a major life activity: “(1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.”

Law changed since Same change as noted above.

The regulation defines substantial limitation by comparison with the average person and directs courts to consider the impairment’s nature, duration, and long-term impact.

Heisler v. Metropolitan Council · filed 2003-07-03(j)(1) (j)(2)

Under the regulations that guide the interpretation of the ADA, to which we have repeatedly looked for guidance, an impairment is substantially limiting if it renders a person "(i) [u]nable to perform a major life activity that the average person in the general population can perform; or (ii) [s]ignificantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity." 29 C.F.R. § 1630.2(j)(1) (2003). See also Cooper v. Olin Corp., Winchester Div., 246 F.3d 1083, 1088 (8th Cir. 2001). The regulations counsel us to consider "(i) [t]he nature and severity of the impairment; (ii) [t]he duration or expected duration of the impairment; and (iii) [t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment," 29 C.F.R. § 1630.2(j)(2), in determining whether an individual is substantially limited in a major life activity. ... Heisler must do more than assert that her depression makes it difficult to concentrate to survive summary judgment. ... Her conclusory statements that she has difficulty concentrating, coupled with her own testimony that she could perform her job, does not suffice to establish that her major depressive disorder significantly restricted her ability to concentrate–either in and of itself or as a subset of learning or working–as compared to the general population.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2(i) identifies working as a major life activity, and § 1630.2(j)(3)(i) defines substantial limitation in working as a significant restriction in performing a class or broad range of jobs.

Schuler v. Supervalu, Inc., a Foreign Corporation · filed 2003-07-16(i), (j)(3)(i)

The EEOC guidelines to the ADA contemplate that “major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 CFR § 1630.2(i). ... According to the EEOC’s regulations, a person is substantially limited in the major life activity of working if that person is “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” 29 C.F.R. § 1630.2(j)(3)(i). ... The relevant question then becomes whether Mr. Schuler has shown that SuperValu therefore regarded him as significantly restricted in his “ability to perform either a class of jobs or a broad range of jobs,” 29 C.F.R. § 1630.2(j)(3)(i). Our review of the controlling cases leads us to the conclusion that he has not made that showing.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j)(2) requires considering an impairment’s nature, duration, and permanent or long-term impact when deciding whether it substantially limits a major life activity.

Rector v. Sylvania · filed 2003-09-24(j)(2)

In determining whether an impairment is substantially limiting, Courts will look at “(i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and (iii) the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” ... Thus, even accepting the plaintiffs version of the facts, she cannot show that she had more than a temporary inability to work after her surgery. Plaintiffs injury did not have the long term impact to qualify as a disability under the terms of the ADA.

Law changed since Same change as noted above.

Section 1630.2 treats walking as a major life activity, defines substantial limitation by comparison with the average person, and requires considering the impairment’s severity, duration, and long-term impact.

Brown v. BKW Drywall Supply, Inc. · filed 2004-02-20(i), (j)(1), (j)(2), (j)(2)(i), (j)(2)(ii)

Although the ADA does not define “major life activities,” the EEOC has promulgated regulations that interpret the term as including “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). The term “substantially limits” means inability to perform, or a severe restriction on the ability to perform, as compared to the average person in the general population. 29 C.F.R. § 1630.2(j)(l), In considering whether an individual is substantially limited in a major life activity, the Court should consider “(i) [t]he nature and severity of the impairment; (ii)[t]he duration or expected duration of the impairment; and (iii)[t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2). ... As a threshold matter, the Court notes that mere difficulty in standing or walking is not sufficient to establish a substantial limitation on the major life activity of walking. See 29 C.F.R. § 1630.2(j)(2)(i). Other courts have held that a plaintiff who has only moderate difficulty in walking may not establish a substantial impairment for summary judgment purposes.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation identifies major life activities and provides that substantially limiting the major life activity of working requires significant restriction in performing a class or broad range of jobs; inability to work one particular job is insufficient.

Dean v. Westchester County P.R.C. · filed 2004-03-18(h)(2)(i), (j)(3)(i), (j)(3)

The regulations define major life activities as “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning and working.” 29 C.F.R. § 1630.2(h)(2)(i). ... The applicable regulation, 29 C.F.R. § 1630.2(j)(3)(i), provides: “With respect to the major life activity of working, the term ‘substantially limits’ means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” ... The allegation that the Plaintiff cannot work overnight hours does not rise to the level of substantial impairment. It is, of course, an impairment, but it is not substantial, since plaintiff can still work. ... However, “The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3).

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(i) identifies major life activities, while § 1630.2(j)(2) requires considering an impairment's nature and severity, duration, and long-term impact when deciding whether it substantially limits one.

Nichols v. ABB DE, INC. · filed 2004-04-29(i), (j)(2)

The EEOC Guidelines to the ADA contemplate that major life activities include "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working." 29 C.F.R. § 1630.2(i); see also Schuler v. SuperValu, Inc., 336 F.3d 702, 704 (8th Cir.2003). ... In doing so, the Court also considers the nature and severity of his impairment, its duration or anticipated duration, and its long-term impact. 29 C.F.R. § 1630.2(j)(2); Wood v. Crown Redi-Mix, Inc., 339 F.3d 682, 685 (8th Cir.2003).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

Section 1630.2 treats a person as substantially limited when significantly restricted in performing a major life activity compared with the average person, but inability to perform one particular job alone does not substantially limit the major life activity of working.

Mancini v. Union Pacific Railroad · filed 2004-04-23(j)(l)(ii) and (j)(3)(i)

EEOC regulations state that a person is “substantially limited” if he is “[significantly restricted as to the condition, manner or duration under which [he] can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population ean perform that same major life activity.” 29 C.F.R. § 1630.2(j)(l)(ii).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

The regulation treats an impairment as substantially limiting only when it prevents or significantly restricts a major life activity, and permits consideration of the impairment’s nature, severity, duration, and long-term impact.

Galvan v. City of Bryan, Tex. · filed 2004-07-15(j)(2)(i)

Under the relevant regulations, promulgated by the EEOC, a person is deemed “substantially limited” if he cannot perform a major life activity, or if he is significantly restricted in the duration or manner in which he can perform it, as compared to an average person. ... To determine whether a limitation is “substantial,” the court may consider the nature and severity of an impairment; its duration or expected duration; and its permanent, long-term or expected impact. 29 C.F.R. §§ 1630.2(j)(2)(i)-(iii). ... Finally, Galvan has produced no admissible medical evidence on either the severity of his epilepsy, or its expected duration or long-term impact. ... On this record, under the “demanding standard for qualifying as disabled,” the court cannot conclude that Plaintiff is substantially limited in his ability to care for himself. ... For that reason, he is not entitled to the protection of the ADA on the basis of his epilepsy.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation's definitions of major life activities and substantial limitation require a significant restriction in working, such as inability to perform a class or broad range of jobs; inability to perform one particular job is insufficient.

Temple v. Board of Educ. of the City of New York · filed 2004-06-22(i), (j)(3)(i)

Plaintiff has not shown that she is substantially limited in the major life activity of working as she has not been “significantly restricted in the ability to perform either a class of jobs, or a broad range of jobs in various classes.” 29 C.F.R. § 1630.2(j)(3)(i).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(i) includes walking among major life activities, and § 1630.2(j)(1) treats inability or significant restriction compared with the average person as a substantial limitation.

Miller v. King · filed 2004-09-14(i), (j)(1)

In turn, “major life activities” are defined as including “‘functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’” Chenoweth v. Hillsborough County, 250 F.3d 1328, 1329 (11th Cir. 2001) (quoting ADA regulations in 29 C.F.R. § 1630.2(i)). ... In this case Miller, a paraplegic, is disabled under the ADA because he is substantially limited in the major life activity of walking. See 29 C.F.R. Pt. 1630, App. § 1630.2(j) (2004) (“[A]n individual whose legs are paralyzed” or who “can only walk for very brief periods of time” is substantially limited in the activity of walking).

Law changed since Same change as noted above.

Section 1630.2(j)(1)(i) treats an impairment as substantially limiting when it significantly restricts the condition, manner, or duration in which the average person performs the major life activity.

Shedlock v. Department of Correction · filed 2004-12-08(j)(1)(i)

A plaintiffs impairment qualifies as one that “substantially limits” a major life activity if the plaintiff is “[significantly restricted as to the condition, manner or duration . . . under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.2(j)(l)(i), (ii) (2004).

Law changed since Same change as noted above.

An impairment substantially limits a major life activity only when it significantly restricts the person’s ability compared with the average person in the general population.

Papproth v. EI DuPont De Nemours and Co. · filed 2005-03-15(j)(ii)

The ADA only protects people whose impairments are so severe that they “significantly restrict[ ]” a person’s ability to perform major life activities when compared to the abilities of the “average person in the general population.” 29 C.F.R. § 1630.2(j)(ii). A condition that simply affects or compromises an individual’s ability to perform major life activities is insufficient to establish a disability.

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(h)(1) treats physiological disorders affecting the musculoskeletal system as impairments; § 1630.2(i) identifies major life activities, including lifting as applied here; and § 1630.2(j)(1)-(2) measures substantial limitation against the average person while considering the impairment’s nature, severity, duration, and long-term impact.

Del Valle v. Paints · filed 2004-11-17(h)(1), (i), (j)(1), (j)(2)

The Equal Employment Opportunity Commission regulations implementing the ADA define an impairment to include any “physiological disorder, or condition” that affects, among others, the neurological, musculoskeletal, and cardiovascular systems. ... Because these are physiological conditions affecting Plaintiffs musculoskeletal system, the Court finds that Plaintiff has an impairment. ... The regulations promulgated by the EEOC define major life activities to include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). This list is illustrative, and not exhaustive. ... The major life activity in which Plaintiff alleges to be substantially limited is lifting, which has been recognized as a “major life activity” under EEOC regulations. ... Therefore, the Court concludes that Plaintiff has met the second prong of the analysis, in that lifting is a major life activity. ... In order to prove such a limitation, Plaintiff is required to demonstrate: (i) that his injuries have precluded him from performing a major life activity that the average person in the general population can perform; or (ii) that he is significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... The Court finds that Plaintiff is not substantially limited in the major life activity of lifting.

Law changed since Same change as noted above.

Section 1630.2 defines physical or mental impairment and major life activities, and measures substantial limitation by the degree of restriction and the impairment’s nature, duration, and long-term impact.

Gruener v. Ohio Casualty Co. · filed 2005-07-25(h), (j)(1), (f), (j)(2), and (j)(3)(i)

The regulations accompanying the ADA define a “physical or mental impairment” as, ... (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 29 C.F.R. § 1630.2(h). ... The term “substantially limits” is defined to mean, ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... 29 C.F.R. § 1630.2(j)(l). ... The regulations define “major life activities” as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(f). ... The regulations set forth the following factors to be considered in determining whether an individual is “substantially limited” in a major life activity: ... (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. ... 29 C.F.R. § 1630.2(j)(2). ... To establish that an impairment substantially limits the ability to engage in the major life activity of working, the plaintiff must show that she is “significantly restricted in [the] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person with comparable training, skills and abilities.”

Law changed since Same change as noted above.

The regulation identifies breathing and seeing as major life activities and directs courts to assess substantial limitation by considering the impairment's severity, duration, and long-term impact.

Chan v. Sprint Corp. · filed 2005-01-11(i), (j)(1), (j)(2)

“An impairment ‘substantially limits’ a major life activity if the individual is unable to perform the activity or is significantly restricted in the ability to perform the major life activity.” ... “A court must consider three factors in determining whether an impairment substantially limits a major life activity: (1) the nature and severity of the impairment, (2) the duration or expected duration of the impairment, and (3) the permanent or long term impact resulting from the impairment.” ... The court concludes that, based on the uncontroverted evidence, no reasonable trier of fact could find that Plaintiffs impairment substantially limits her breathing or seeing.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(i) identifies major life activities, and § 1630.2(j)(1) defines substantially limiting one as being unable to perform it or significantly restricted in its condition, manner, or duration compared with the average person.

Agnew v. Heat Treating Serv · filed 2005-12-14(i), (j)(1)

Major life activities are “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” 29 C.F.R. § 1630.2(i). The ADA regulations define “substantially limits” as: (1) unable to perform a major life activity that the average person in the general population can perform; or (2) significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. 29 C.F.R. § 1630.2(j)(1). ... The evidence in the record does not establish that Plaintiff has a physical impairment that substantially limits a major life activity. ... Plaintiff has established that his back problems at times prevents him from lifting heavy objects, bending at the waist, twisting, standing for long periods of time or walking long distances, but Plaintiff has failed to establish that his back injury precludes him from performing these activities altogether or that he’s significantly restricted in performing these activities. ... At best, Plaintiff has shown that he has an injury that at times limits his ability to perform major life activities such as walking or performing manual tasks, but Plaintiff has not shown that he is substantially limited in his ability to perform a major life activity.

Law changed since Same change as noted above.

Section 1630.2(i) identifies major life activities, and § 1630.2(j)(1) defines substantial limitation by inability or significant restriction compared with the average person.

Steven Nuzum, Sr. v. Ozark Automotive · filed 2005-12-27(i), (j)(1)

The EEOC definition4 includes a disparate range of activities from the elemental to the complex: "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i) (2002). ... The EEOC regulations define "substantially limited" as follows: (i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. 29 C.F.R. § 1630.2(j)(1). ... His testimony that he cannot work on cars or throw as well as he used to cannot suffice, because it only states the limitation relative to his own former ability, instead of comparing his existing abilities with those of the general population, as required by the regulations. § 1630.2(j)(1).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an individual as substantially limited when unable to perform a major life activity or significantly restricted compared with the average person; inability to perform a single particular job alone is not a substantial limitation on working, and the assessment considers the impairment’s nature, severity, duration, and long-term impact, with major life activities including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Kurten v. HANGER PROSTHETIC AND, ORTHOTICS, INC. · filed 2005-11-22(j)(1), (j)(3)(i), (j)(2)(ii), (i)

In order for an individual to be substantially limited in a major life activity, the plaintiff must establish that he is “[u]nable to perform a major life activity that the average person in the general population can perform” or that he is “[significantly restricted as to the condition, manner, or duration under which [he] can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” ... Indeed, the “EEOC regulations specify that the inability to perform a single, particular job does-not constitute a substantial limitation on working.” ... For example, the regulations list several factors for evaluating whether someone is “substantially limited”; “(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.” ... The Court also observes that a "major life activity” refers to "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains.

The regulation defines major life activities to include walking, performing manual tasks, and working, and requires inability or significant restriction in a major life activity to establish a substantial limitation; for working, a class of jobs includes the plaintiff's disqualified job and other geographically available jobs using similar training, knowledge, skills, or abilities.

Blundell v. Health Care Authority · filed 2005-07-11(i), (j)(1), and (j)(3)(ii)(B)

The term “major life activities” is defined as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). ... The term “substantially limits” is defined as follows: ... (i) Unable to perform a major life activity that the average person in the general population can perform; or ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. 29 C.F.R. § 1630.2(j)(1). ... We agree with the district court, for the reasons stated in its Memorandum Opinion, that Blundell failed as a matter of law to establish that she was disabled, i.e., that her impairments substantially limited her in the major life activities of walking, standing, performing manual tasks, or working.

Law changed since Same change as noted above.

Section 1630.2(i) identifies hearing and working as major life activities, while § 1630.2(j)(3)(I) requires a significant restriction in a class or broad range of jobs, rather than inability to perform one particular job, to substantially limit working.

McGuire v. Miami-Dade County · filed 2006-02-13(i), (j)(3)(I)

Hearing is recognized as a major life activity. 29 C.F.R. § 1630.2(i) (stating that “Major Life Activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”). ... Stated another way “[t]he term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3)(I).

Law changed since Same change as noted above.

Section 1630.2(j) treats an impairment as substantially limiting when it significantly restricts a major life activity, while a single-job restriction or temporary impairment with little long-term impact generally is insufficient.

Samuels v. Kansas City School · filed 2006-02-14(j)(1)(i), (j)(3)(i), (j)(2)(ii)

An individual’s major life activities are substantially limited if she is unable to perform a basic function the average person in the general population can perform, or is significantly restricted in the condition, manner, or duration under which she can perform a major life activity as compared to an average person in the general population. 29 C.F.R. § 1630.2(j)(1)(i)-(ii). ... “The inability to perform a single particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3)(i). ... Furthermore, temporary impairments with little or no long-term impact are not disabilities. 29 C.F.R. § 1630.2(j)(2)(ii)-(iii). ... We further conclude Samuels failed to offer any evidence of limitations imposed upon her that made her unable “to perform either a class of jobs or a broad range of jobs in various classes.” 29 C.F.R. § 1630.2(j)(3)(i). ... Evidence of general temporary work restrictions, without more, is insufficient to constitute a disability within the meaning of the ADA.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

The regulation identifies major life activities and treats a person as substantially limited only when unable to perform or significantly restricted in the condition, manner, or duration of performance compared with the average person, with listed impairment factors relevant to the inquiry.

Price v. Facility Management Group, Inc. · filed 2005-11-30(i), (j)(1)(i)-(ii), and (j)(2)

The ADA regulations define major life activities as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). ... Under the ADA, “substantially limited” means “unable to perform” or “significantly restricted as to the condition, manner, or duration” of performance in comparison with the average person in the general population. ... Factors that may be relevant to the inquiry include: 1) the nature and severity of plaintiffs impairment; 2) the duration or expected duration of the impairment; and 3) the permanent or long-term impact, or the expected permanent or long term impact of or resulting from the impairment. 29 C.F.R. § 1630.2(j)(2). ... Unfortunately, plaintiff has not produced any evidence addressing these factors, or addressing more generally the extent to which his bipolar disorder restricts the “condition, manner, or duration” of his interactions with others.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. For actual disability based on working, the class or broad range of jobs inquiry remains. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2 treats an impairment as substantially limiting a major life activity when it leaves a person unable to perform it as the average person can or significantly restricts the condition, manner, or duration of performance; the inquiry considers the impairment's severity, duration, and long-term impact, and limitation in working requires significant restriction in a broad range or class of jobs.

Weisberg v. Riverside Township Board of Education · filed 2006-05-11(j)(1), (j)(2), (j)(3)(i)

The EEOC’s interpretive regulations define “substantially limits” to mean: ... (i) Unable to perform a major life activity that the average person in the general population can perform; or ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... In addition, the regulations specify that the following factors should be considered in determining whether an individual is substantially limited in a major life activity: ... (i) The nature and severity of the impairment; ... (ii) The duration or expected duration of the impairment; and ... (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. ... One must be “substantially” limited “as compared to . . . the average person in the general population.” 29 C.F.R. § 1630.2(j)(1). ... Finally, Weisberg has addressed only the nature and severity of his impairment, which is only one of the three factors that the regulations specify should be considered in determining whether an individual is substantially limited in a major life activity. He presents no evidence pertinent to the “duration or expected duration of the impairment” or the “expected permanent or long term impact of or resulting from the impairment.” 29 C.F.R. § 1630.2(j)(2)(ii)-(iii). ... The “regulations provide that one is substantially limited in the major life activity of working if one is significantly restricted in one’s ability to perform ‘either a class of jobs or a broad range of jobs.’” Williams, 380 F.3d at 763 (quoting 29 C.F.R. § 1630.2(j)(3)(i)). ... In sum, while Weisberg has produced evidence that he suffers from an impairment, he has not produced evidence from which a trier of fact could conclude that the impairment substantially limits him in the major life activities of cognitive function, performing manual tasks, or working. Accordingly, Weisberg is not “disabled” under the ADA and is not entitled to the Act’s protections.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j) defines when an impairment substantially limits a major life activity, including inability to perform the activity or significant restriction in the condition, manner, or duration of performing it compared with the average person.

Equal Employment Opportunity Commission v. Agro Distributors, LLC · filed 2006-07-28(j)

The EEOC regulations define “Substantially limits” as ... (I) Unable to perform a major life activity that the average person in the general population can perform; or ... (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. ... 29 C.F.R. § 1630.2(j). ... The court therefore finds, in light of the evidence presented by the EEOC regarding Velez, that no reasonable juror could conclude that Velez is substantially limited in one or more major life activity (or activities). Accordingly, Velez is not disabled within the meaning of 42 U.S.C. § 12102(2)(A) and the defendant is entitled to summary judgment.

Law changed since Same change as noted above.

Section 1630.2(j)(1) treats an impairment as substantially limiting when it prevents a person from performing a major life activity or significantly restricts the condition, manner, or duration in which the person performs it; applying that standard, the court held the evidence could support a finding that cerebral palsy substantially limited Brady's major life activities.

Brady v. Wal-Mart Stores, Inc. · filed 2006-09-29(j)(1)

Those regulations define major life activities as “functions such as earing for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” ... They further define “substantially limits” as being “[u]nable to perform a major life activity that the average person in the population can perform; or [as being] [significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” ... Based on this evidence, and drawing all reasonable inferences in Brady’s favor as required under Rule 50, I conclude that the jury could have easily found that Brady’s impairment — cerebral palsy — substantially limits his ability to learn, walk, drive, and generally perform most of the functions commonly taken for granted in ordinary life.

Law changed since Same change as noted above.

Section 1630.2(j)(1)(i)-(ii) treats a major life activity as substantially limited when a person cannot perform a basic function of the average person or is significantly restricted compared with the average person.

Fuller v. Alliant Energy Corporate Services, Inc. · filed 2006-10-16(j)(1)(i)-(ii)

An individual’s major life activities are substantially limited if she is unable to perform a basic function the average person in the general population can perform, or is significantly restricted in the condition, manner, or duration under which she can perform a major life activity as compared to an average person in the general population.

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard. The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

An impairment is substantially limiting only when the individual cannot perform a major life activity that the average person can perform or is significantly restricted in performing it, assessed by the impairment's severity, duration, and long-term impact; a record of impairment likewise requires a substantially limiting impairment.

Smith v. Wynfield Development Co., Inc. · filed 2006-08-24(l), (j)(2)(i)-(iii), (k)

“Regarding Plaintiffs claims that her ability to walk and perform manual tasks is substantially limited, the evidence not only fails to establish that she is substantially limited, but, instead, demonstrates that Plaintiffs ability to perform these activities is not, in fact, limited. ... The plaintiff must show that “the extent of the limitation caused by their impairment in terms of their own experience ... is substantial.””

Law changed since The 2011 EEOC revision removed former § 1630.2(j)(2)’s required nature, severity, duration, and long-term-impact checklist; duration may still inform the individualized assessment.

Section 1630.2(j) defines when an impairment substantially limits a major life activity and requires consideration of the impairment’s nature, severity, duration, and long-term impact.

Verhoff v. Time Warner Cable, Inc. · filed 2006-11-13(j)

“Substantially limited,” according to EEOC regulations, means “unable to perform a major life activity that the average person in the general population can perform”; or “significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity.” 29 CFR § 1630.2(j) (2006). When assessing whether someone’s condition substantially limits a major life activity, a court should also consider “the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long-term impact, or the expected permanent or long-term impact of or resulting from the impairment.” 29 CFR § § 1630.2(j)(2)(i)-(iii).

Law changed since The ADAAA (effective Jan. 1, 2009) and EEOC’s 2011 revision replaced the old significant or severe restriction test with a broad, nondemanding substantial-limitation standard.

Section 1630.2(j) treats an impairment as substantially limiting when it prevents a major life activity or significantly restricts it compared with the average person, while § 1630.2(i) identifies examples of major life activities.

Davenport v. Idaho Department of Environmental Quality · filed 2006-10-25(j), (i)

A person is “substantially limited” by his or her physical impairment if he or she is “[ujnable to perform a major life activity that the average person in the general population can perform”; or is “significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” ... Finally, in this context, a “major life activity” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.